| MARGARITA ZULEY, M.D. V ELIZABETH WENDE BREAST CARE, LLC, STAMATIA DESTOUNIS, M.D., PHILIP MURPHY, M.D., POSY SEIFERT |
| Motion No: CA 16-00098 |
| Slip Opinion No: 2016 NY Slip Op 70354(U) |
| Decided on April 8, 2016 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00098
| MARGARITA ZULEY, M.D., PLAINTIFF-RESPONDENT, V ELIZABETH
WENDE BREAST CARE, LLC, STAMATIA DESTOUNIS, M.D., PHILIP MURPHY, M.D., POSY SEIFERT, D.O., PATRICIA SOMERVILLE, M.D.,
DEFENDANTS-APPELLANTS, ET AL., DEFENDANT. |
Appellants having moved for this Court to take judicial notice of legal arguments in a memorandum of law filed in Supreme Court dated September 24, 2013, and judicial notice of an appellate brief filed in this Court dated September 9, 2014, in the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 16, 2015, and respondent having cross-moved for this Court to take judicial notice of certain written communications between counsel to the parties in this appeal,
Now, upon reading and filing the affidavits of Thomas F. Knab, Esq., sworn to February 26, 2016, and March 11, 2016, the affirmation of Donald W. O'Brien, Jr., Esq., dated March 10, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellants' motion is denied with respect to the memorandum of law filed in Supreme Court, without prejudice to either a stipulation deeming it to be part of the settled record on appeal, or a motion in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [i], [ii]), and
It is further ORDERED that appellants' motion is denied with respect to the appellate brief filed in this Court, with leave to renew at oral argument, and without prejudice to either a stipulation deeming it to be part of the settled record on appeal or a motion in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [i], [ii]), and
It is further ORDERED that respondent's cross motion is denied with respect to the written communications between counsel, without prejudice to either a stipulation deeming the documents to be part of the settled record on appeal or a motion in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [i], [ii]).
Entered: April 8, 2016
Frances E. Cafarell, Clerk